Sacramento Legal Separation Lawyer

Sacramento Legal Separation Attorney

The decision to legally separate from a spouse is not an easy one to make. There can be many issues to resolve that can be emotionally challenging and stressful. Don’t face your legal separation without the experience and knowledge of a Sacramento legal separation lawyer on your side.

Understanding Legal Separation

There are situations when a couple needs space without the finality of a divorce. A legal separation offers a way to live apart while still remaining married. This can be a good choice for those who are not quite ready to dissolve their marriage or who want to try living apart while deciding whether divorce is right for them. In California, a legal separation requires figuring out the same matters as a divorce.

Child Custody and Visitation

Child custody and visitation are often important decisions when couples are separating. The Sacramento Superior Court at 720 9th Street must make decisions in the child’s interests. The court will consider the children’s existing relationships with each parent, community ties, and, if the children are old enough, their personal preferences.

California recognizes different custody agreements, legal and physical. These can be sole, joint, or a mix of both. Sole means one parent is given full custody, and joint means the parents share custody. Legal custody gives the parents the right to make important decisions about the child’s life, such as where the child will go to school, healthcare, and religious upbringing. Physical custody concerns where the child lives and who will provide their day-to-day care.

Child and Spousal Support

The average Sacramento family has an annual income of $83,753, meaning the average child support payment for one child would fall between $500 and $650/month. The exact amount is different for each situation.

The court will consider the amount of time each child spends with each parent, the incomes of both parents and any special needs the child may have when determining whether or not to award child support. California Child Support Services provides an online calculator for parents to estimate what they might be paying or receiving in child support.

Spousal support occurs when one spouse pays the other financially. The courts decide whether or not to order permanent or temporary spousal support and its amount. They consider the reasons behind the legal separation, each spouse’s age, contributions to the marriage, and financial circumstances.

Property Division

Since California considers marital property as communal, both spouses equally own all assets and debts obtained while married. These assets and debts will be divided equally. This includes:

• Real estate
• Vehicles
• Bank accounts
• Retirement accounts
• Any debts incurred during the marriage

According to California law, separate property is not subject to division. This includes anything either spouse owned before and after the date of separation and any gifts or inheritance they received during the marriage.

Orders of Protection

In California, as soon as the petition for legal separation is filed an Automatic Temporary Restraining Order (ATRO) will go into effect. These are standard and included in the court summons. An ATRO essentially maintains the “status quo” during legal proceedings and restricts both spouses from selling, transferring, or disposing of property without their spouse’s consent, changing insurance policies, or removing minor children from the state without the parent’s consent.

Spouses filing for separation can also seek Domestic Violence or Civil Harassment Restraining Orders. These can protect one spouse from the other by prohibiting contact and ordering them to stay away from the protected spouse’s home, workplace, or other locations. Any order made regarding these separation issues will be in effect until the couple reconciles and continues their marriage or a divorce is finalized.

Why People Choose Legal Separation Instead of a Divorce

The decision to choose legal separation over a divorce often comes from many complex circumstances. Relationship difficulties, family structures, religious convictions, and economic considerations can contribute to this choice. Couples are driven down the path of legal separation over divorce to:

• Seek a path to a potential reunion. When divorce feels premature or uncertain, legal separation offers a period of distance and reflection. Spouses can address their problems and potentially resume their marriage.
• Prioritizing children’s well-being. For parents of young children, the emotional impact of a divorce can be a huge concern. Legal separation can provide a less disruptive environment.
• Preserving benefits. Divorce terminates shared financial advantages such as joint tax filings, health insurance coverage, and next-of-kin benefits. Legal separation can lead to the retention of those benefits.

FAQs

Do I Need an Attorney to File for Separation in California?

No, you do not need an attorney to file for separation in California, but separation can be a complex process. An attorney understands the intricacies of family law, and having them as your advocate can ensure the process goes as smoothly as possible and that everything is done in a timely and correct manner. A divorce attorney can also be there for you if disputes arise and negotiation is needed.

What Are the Differences Between Legal Separation and Divorce in California?

A divorce in California legally terminates a marriage, while legal separation does not. Legal separation is often used when a couple wants to separate but is not ready to divorce. The couple can live apart and resolve divorce-related issues such as child support and custody. In some cases, couples may choose to maintain health insurance and other tax benefits afforded by marriage.

Can My Spouse Contest the Legal Separation?

No, your spouse can’t contest the legal separation itself. They can contest certain issues regarding the legal separation, such as property division, spousal support, child custody, and support. You and your spouse will need to negotiate these issues, either in mediation or court, in order to finalize your separation agreement.

Would it Be Beneficial to Legally Separate From an Abusive Spouse?

Yes, it could be beneficial to legally separate from an abusive spouse as it can provide safety and financial protection, especially if you are not ready for a divorce. During the process of a legal separation, you can request a Domestic Violence Restraining Order (DVRO), which can provide a no-contact order, temporary child custody orders, and exclusive use of the family home. If you are looking for support, contact WEAVE in Sacramento County.

If You’re Seeking a Legal Separation, Seek Legal Help

If you’re thinking about a legal separation in Sacramento, you need the experience of a skilled separation attorney. Before you step into the William R. Ridgeway Family Relations Courthouse, contact The Law Offices of Dianne M. Fetzer.